June 12, 2019 at 11:57 am #22291AdministratorKeymaster
Bailiffs often charge a fee to explain his fees and costs. The law says all fees and disbursements must be set out in the Notice of Enforcement. If they are not, the enforcement fails and you can sue for the recovery of the fees. You bring the action under Paragraph 66 of the Tribunals, Courts and Enforcement Act 2007 for failure to comply with paragraph 7 (1) (2) of the Schedule. You must quote in your statement of claim, the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014, otherwise judges tend to overlook it.
NEVER pay £10 to bailiffs for an explanation of fees (a “breakdown”)
It is a bailiff scam. You NEVER EVER need to write and ask for a “breakdown” of fees from a bailiff. You will get nonsense. See example at the foot of this page.
The law decides what fees a bailiff can charge which are prescribed in the Schedule of the Taking Control of Goods (Fees) Regulations 2014.
Regulation 7(e) of the Taking Control of Goods Regulations 2013 says bailiffs must provide information about their costs, and states;
(e)the following information about the debt—
(i)sufficient details of the debt to enable the debtor to identify the debt correctly;
(ii)the amount of the debt including any interest due as at the date of the notice;
(iii)the amount of any enforcement costs incurred up to the date of notice; and
(iv)the possible additional costs of enforcement if the sum outstanding should remain unpaid as at the date mentioned in paragraph (h);
(h)the date and time by which the sum outstanding must be paid to prevent goods of the debtor being taken control of and sold and the debtor incurring additional costs.
If the bailiff fails to provide the above information, then everything that follows is invalid because the bailiff did not comply with paragraph 7(1)(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;
(2)Regulations must state—
(a)the minimum period of notice;
(b)the form of the notice;
(c)what it must contain;
(d)how it must be given;
(e)who must give it.
Regulation 7(e) of the Taking Control of Goods Regulations 2013 states what the notice must contain.
You can bring an action under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;
66(1)This paragraph applies where an enforcement agent—
(a)breaches a provision of this Schedule, or
(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.
(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
(a)in the High Court, in relation to an enforcement power under a writ of the High Court;
(b)in a county court, in relation to an enforcement power under a warrant issued by a county court;
(c)in any other case, in the High Court or a county court.
(5)In the proceedings the court may—
(a)order goods to be returned to the debtor;
(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.
If you believe the fees and charges are wrong, then you can ask the court to validate them in a proceeding called a detailed assessment hearing. You get all your money back. A solicitor can do all the work for you and the Bailiff company pays your costs.
If a bailiff company charges fees in advance of the work being done knowing that work may never be done. This is called advance fee fraud. This is a practice sometimes employed by High Court Enforcement Officers.
Make a formal complaint for failure to explain the debt and the costs in connection with its enforcement.
An example “breakdown” of fees charged by a bailiff recovering a PCN who knew the work he charged for was never done (this is called advance fee fraud). This example also contains fees not even prescribed by the fee regulations.
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